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(영문) 서울북부지방법원 2016.04.08 2015노2328
사기
Text

The defendant's appeal is dismissed.

Reasons

In addition to the defendant's appeal's argument that the court below's punishment is too heavy, there is a misunderstanding of the fact that the defendant's intent and ability to repay at the time does not constitute fraud or misunderstanding of legal principles.

After filing an appeal, the Defendant submitted a written reason for appeal after the lapse of 20 days from the deadline for submitting the written reason for appeal even after receiving the notice of receipt of the records of trial from this court.

However, the appeal period and the request for the selection of a national defense counsel submitted before the deadline for submitting the appeal shall be subject to reduction of the fine due to the life of the national defense counsel.

“...........”

Therefore, the argument of mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal, and we examine only the unfair argument of sentencing.

The judgment below

Since then there is no significant change in circumstances to consider the sentencing of defendants.

Considering the Defendant’s petition of appeal, statement of reasons for appeal, and other factors of sentencing indicated in the records of trial, the lower court’s sentence cannot be deemed unreasonable.

The defendant's appeal is dismissed without holding any pleadings pursuant to Article 364 (5) of the Criminal Procedure Act.

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